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April 9, 2014

Trolling Shot Down

To extort license revenue, DataTern sued only the customers of Microsoft and SAP database products for patent infringement (5,937,402 & 6,101,502). Microsoft and SAP and were let alone. But, in response to customer complaints about DataTern, those two software giants filed a DJ against DataTern's assertion. DataTern argued lack of subject matter jurisdiction, to no avail. The fix was in. Summary judgment of noninfringement for all claims of the patents, upheld on appeal. The district court had allowed that to apply to all SAP products, but the CAFC (2013-1184) pared that back to the single product in dispute.

Posted by Patent Hawk at April 9, 2014 1:05 AM | Infringement